Jonah Lomu鈥檚 widow and his estate executor are at odds over who owns the late rugby superstar鈥檚 trademark.
Nadene Lomu wrote a cease-and-desist letter聽earlier this week to the New Zealand Film Commission (NZFC) over a proposed documentary about the global sensation, who died eight years ago, claiming she has sole rights to his story.
The fight for the trademark has uncovered much more than just the fight to tell his story, but also a fraught history between Lomu鈥檚 widow and the man who controls his estate.
Rugby鈥檚 first truly global star died on November 18, 2015, at just 40, after a lifelong battle with a kidney ailment.
Before Lomu鈥檚 early death,聽he signed his rugby legacy to his young sons, while his lawyer was left in control of his finances, rather than his wife.
In a statement to the聽Herald, Nadene claimed: 鈥滻 am the one true owner of the Jonah Lomu Estate in accordance with the will of my beloved husband.鈥
However, Lomu鈥檚 will showed trademarks, property and any other wealth were left in the control of his long-time lawyer Chris Darlow through two companies, Stylez Ltd and Wesley Holdings Ltd.
When the聽贬别谤补濒诲听spoke to Darlow today, he said Nadene鈥檚 trademarks were 鈥渦nauthorised鈥.
鈥淣ow, I鈥檝e been having a dispute over this for many years now with Nadine because she has tried her best to exploit the IP when she has no right to now, she has gone and registered these trademarks without my approval,鈥 Darlow said.
鈥淚n order for them to be valid she needed my approval.鈥
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Darlow said he had never approved their use and he had since approached the trademarks office, saying 鈥渢hat application of mine is still to be determined鈥.
Darlow said he has been able to 鈥渆xploit鈥 Lomu鈥檚 IP to a 鈥渓imited degree鈥 over the years and has always paid money across to Nadene for the benefit of the couple鈥檚 two sons.
Intellectual Property Office of NZ national manager Becky White said an invalidity application had been filed for Lomu鈥檚 trademark.
鈥淭he Intellectual Property Office of New Zealand examines and registers intellectual property rights in New Zealand including trademarks. Any issues around whether a trademark has or has not been authorised by the owner of the trademark is a matter between the private parties involved and it鈥檚 not appropriate for IPONZ as a regulator to comment.鈥
罢丑别听Weekend Herald聽obtained Lomu鈥檚 will from the High Court at Wellington in 2016. It shows it was lodged with the court on December 21, about a month after he died. Darlow was granted the legal right by the court on January 21 to act as executor of the will.
The signed will by Lomu states: 鈥淚 give the shares I own in Stylez Limited and Wesley Holdings Limited (the trustees of the Silk Trust and the Wesley Holding Trust respectively) to Christopher Robert Darlow.鈥
The transfer of the shareholding to Darlow was not for his personal benefit but to give him authority to administer the trusts.
Stylez Ltd and Wesley Holdings Ltd were 100 per cent owned by Lomu at the time of his death.
The same company is shown as having registered the trademarks on Lomu鈥檚 name and branded imagery, although ownership is believed to be with the Silk Trust.
Lomu鈥檚 will showed he gave his rugby and other sporting memorabilia to his sons also under the Silk Trust, which is a trustee under Wesley Holdings Ltd. Lomu鈥檚 will stated the power to appoint people as trustees of the Silk Trust remains with Darlow.
As per Lomu鈥檚 will, Nadene was left was the remainder of his wealth, however,聽it was revealed in 2015 that Lomu died broke.
Nadene additionally claimed she was the 鈥渁uthorised person鈥 and director of Stylez Limited. Companies Office records confirmed Darlow was in fact the director and sole shareholder of the company.
In 2016,聽Nadene took Darlow by surprise聽when she posted herself as the owner of Wesley Holdings, as well as making unauthorised changes to Stylez Limited.
She was promptly removed as a shareholder from both companies, and Darlow amended the changes she made.
Public documents also show Nadene Lomu was an 鈥渁uthorised person鈥 but had no stake in the ownership of Stylez before January 4, almost two months after Lomu died.
All Black great Jonah Lomu suffered from chronic kidney disease and died at the age of 40. Photo / Mark Mitchell
Addtionally, Nadene claimed the usage of Lomu鈥檚 IP and all licensing agreements expired in 2003 and were never renewed. Darlow disputed this claim.
Nadene said she was fighting to 鈥減rotect Jonah and his legacy for our two sons as that is what Jonah told me to do the day prior to his devastating passing鈥.
Explaining her decision to fight against the documentary, Nadene Lomu told friends and family on Facebook: 鈥淎s we approach eight years since our beloved Jonah devastatingly passed away leaving our side, there has been a lot that I have kept close to my heart.鈥
Her letters to the film commission were a last resort because 鈥渟omeone has to fight and Jonah can鈥檛, so I must, for our wh膩nau鈥.
鈥淚n my letters to the New Zealand Film Commission, I have stated my support for their tireless and honest work on getting the New Zealand storytelling out to the world, and I fully support all they do.
鈥淭he letters I wrote were from myself directly to the parties as my concerns are, and have always been, the protection of Jonah鈥檚 and my children.
鈥淚n saying that, I have no idea on what the storyline or direction of this documentary is taking or where the research has come from, nor has anyone in this process paid attention to see if there are any legal or copyright infringements.鈥
A producer of the documentary, Emma Slade, said they had been in conversations with the family since last year, and would not have any further comments until the discussions are complete.
Rachel Maher is an Auckland-based reporter who covers breaking news. She has worked for the聽贬别谤补濒诲听since 2022.
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